2006 Code of Virginia § 46.2-492 - Uniform Demerit Point System

46.2-492. Uniform Demerit Point System.

A. The Commissioner shall assign point values to those convictions, orfindings of not innocent in the case of a juvenile, which are required to bereported to the Department in accordance with 46.2-383 for traffic offensescommitted in violation of the laws of the Commonwealth or any county, city,or town ordinance paralleling and substantially conforming to state law,provided that no conviction, or finding of not innocent in the case of ajuvenile for any offense, relating to registration, insurance, or equipmentshall be included except as otherwise provided by this title.

B. The Commissioner shall assign point values to those convictions receivedfrom any other state of the United States, the United States, Canada or itsprovinces, or any territorial subdivision of any of them, of an offensetherein, which if committed in this Commonwealth, would be required to bereported to the Department by 46.2-383.

C. No point assignment shall be made for any conviction which results from avehicle having been parked or stopped, in order for the driver to sleep orrest, on the shoulder or other portion of a highway not ordinarily used forvehicular traffic. The court shall make a separate finding on this issue andnote such finding on the conviction record.

D. The Uniform Demerit Point System standard for rating convictions oftraffic offenses shall be based on the severity of the offense and thepotential hazardous exposure to other users of the highways and streets. TheCommissioner shall designate the point values assigned to convictions, orfindings of not innocent in the case of a juvenile, on a graduated scale notto exceed six demerit points for any single conviction. The Commissionershall develop point system assignments as follows:

1. Serious traffic offenses such as driving while intoxicated in violation of 18.2-266, persons under age twenty-one driving after illegally consumingalcohol in violation of 18.2-266.1, reckless driving in violation of 46.2-852, speeding twenty or more miles per hour above the posted speedlimit, racing in violation of 46.2-865, and other serious traffic offensesas the Commissioner may designate, shall be assigned six demerit points.

2. Relatively serious traffic offenses such as failure to yield theright-of-way in violation of 46.2-820 through 46.2-823, speeding betweenten and nineteen miles per hour above the posted speed limit, following tooclosely in violation of 46.2-816, failure to stop when entering a highwayin violation of 46.2-863, aggressive driving in violation of 46.2-868.1and other relatively serious traffic offenses as the Commissioner maydesignate, shall be assigned four demerit points.

3. Traffic offenses of a less serious nature such as improper driving inviolation of 46.2-869, speeding between one and nine miles per hour abovethe posted speed limit, improper passing in violation of 46.2-838, failureto obey a highway sign in violation of 46.2-830 and other offenses of aless serious nature as the Commissioner may designate, shall be assignedthree demerit points.

E. When a person is convicted of two or more traffic offenses committed on asingle occasion, he shall be assessed points for one offense only and if theoffenses involved have different point values, he shall be assessed pointsfor the offense having the greater point value.

(1974, c. 453, 46.1-514.6; 1976, c. 86; 1989, c. 727; 1992, c. 856; 1998,c. 430; 2002, cc. 752, 782.)